‘Singled out?’ Pasco business owners plead with council to reopen

The owners of several Pasco restaurants and grocery stores pleaded with the city council this week to let them reopen during the coronavirus pandemic, saying they should be entrusted to keep their customers safe.

The entrepreneurs participated virtually in a nearly 1 1/2-hour discussion on a draft ordinance proposed by Pasco Councilman Pete Serrano.

“Can somebody explain why restaurants are being singled out?” asked Leo Morales, owner of Havana Café. “There’s a lot of ways that I can open my restaurant safe, safer than going to Costco or to Walmart or to get into a plane. ... Why am I not allowed to do it?”

Morales said Gov. Jay Inslee’s statewide COVID-19 restrictions that forced all restaurants to stop indoor dining don’t make sense to him.

Meanwhile, people can hop on an hours-long flight with a couple hundred other people or shop at a big box store where customers may be wearing masks, but not necessarily social distancing, he said.

Serrano, a lawyer, is proposing Pasco declare an emergency and reopen businesses and the local economy in defiance of Inslee’s order. The current restrictions have been extended to Jan. 11.

He said he wrote the ordinance with input from some local business owners, constituents and state Reps. Brad Klippert, Matt Boehnke, Mary Dye and Joe Schmick, all Republicans.

City Manager Dave Zabell opened Monday’s discussion by saying the proposal at this point has not been vetted by the city attorney or recommended by staff.

While some of Serrano’s fellow council members said they appreciate the ongoing dialogue as they work to eventually emerge from the COVID-19 pandemic, his proposal did not get the support to move forward.

The council did not vote on the issue.

Councilman David Milne, owner of Milne Nail Power Tool & Repair near downtown Pasco, appeared to be the only other member in favor of the ordinance.

He said he believes in the power of individual store owners to care about their customers and “do the right thing” so people don’t get sick while visiting businesses.

But he also questioned if Pasco would be on the hook for legal fees should the city tell restaurants they can open indoors again and retail outlets increase capacity, only to have their business licenses pulled by the state.

Business struggles

Michael Miller, owner of Proof Gastropub in Pasco, echoed Morales’ concerns, saying it has been a rough year for restaurant owners. He signed the lease on his Burden Boulevard eatery in March.

“I believe we can open safely, I believe we’ve shown that we’re able to do that, and I just don’t think that the issues that are transpiring now are due to restaurants,” said Miller. “It would just mean a lot to us to be able to make this happen.”

Charles Grimm, owner of Grocery Outlet with 25 employees, said state government “is simply playing a game of whack-a-mole.”

Washingtonians have been trying it the governor’s way for nearly a year now, but Grimm said he believes residents and business owners collectively know what is best for Pasco.

The community is hemorrhaging and needs to rise up together in order to prevail, he said.

“Yes, human life is of infinite value but that doesn’t mean we put a stop light at every intersection, an overpass at every highway interchange or an interlock breathalyzer on every car steering wheel,” said Grimm.

“Somebody would say, ‘But we make everybody wear seat belts.’ Think about that like the mask to get into the business. We still allow people to drive, and we should allow people to do their businesses also.”

People should be able to “live their lives and mostly go about taking the precautions they deem necessary,” he added. If someone does not feel comfortable at a restaurant, then don’t go, he said.

Mayor Saul Martinez said the city needs to keep working with state government to try to make them understand just how this is effecting businesses and people’s livelihoods.

He said it’s not fair that the Tri-Cities was held back earlier in statewide phase progression, and wishes Inslee would give more attention to this area.

“As much as I want to help, I don’t feel I can take responsibility for defying the governor’s orders and then (when businesses) come to us, say ... we can’t defend them,” said Martinez.

“Some people say we just have to man up, just do it, but it’s not that simple when you think about the community as a whole. It is a very difficult thing.”

State enforcement

Serrano’s ordinance also addressed the actions of enforcement officers with city, state or federal agencies, like the Washington State Liquor and Cannabis Board or the state Department of Labor & Industries.

He wanted to require agents enforcing Inslee’s proclamation or another emergency order during the pandemic, to: Announce their presence with name and badge number; get permission from the Pasco police chief or Franklin County sheriff to enter the city; show proof of a negative COVID-19 test within 48 hours or of being vaccinated; and hand deliver all violations.

Councilman Craig Maloney said he believes Serrano was well-intentioned, but said the moment the city stopped a federal or state agent from doing their job they would be sued. Attorney General Bob Ferguson is litigious, and Pasco does not want to be left funding that legal fight when the state has more money, he said.

Mayor Pro Tem Blanche Barajas added that Pasco should not be exposed to the repercussions, so Serrano should consider a lawsuit if he wants to pursue the topic.

Meanwhile, the city must continue finding ways to help businesses stay open with grant monies and other resources, she said.

Constitutional validity

A spokesman for the governor’s office told the Tri-City Herald that whether or not Pasco council members pass the proposed ordinance, “it is purely symbolic and has no constitutional validity.”

“Local ordinances do not supersede state law. It is not only bad legal advice for elected officials to tell businesses they should resume restricted activities in a pandemic, it is also detrimental to Pasco and the rest of the Tri-Cities’ health as a whole,” said Mike Faulk, Inslee’s deputy communications director.

“Additionally, multiple legal challenges to the governor’s office’s emergency powers to fight the pandemic have been thrown out of court. What the governor has done to fight the pandemic is not only constitutional, but is appropriate and is saving lives.”

Serrano thanked the council for considering his proposal and said they need to continue to fight.

Immediately dismissing the idea of such an ordinance because of potential legal liabilities would be a disservice to the constituents, he said.